La acusación en Colombia

Abstract

Abstract: To address these issues, we refer to other gures of the procedural law in Colombia. We assert that there is no specic regulation that relates to the withdrawal of the indictment and therefore, we must analyze the mechanisms that may resemble a withdrawal of prosecution estoppel as with investigation and to the provisions of Article 448 of the law 906: the accused may not be convicted for acts that do not appear in the indictment, or for offenses for which conviction has not been requested, since the same jurisprudence of the Supreme Court has used this terminology in their resolutions, as can be noted in some decisions in this regard. We will try to resolve the following questions: 1) Can the prosecutor withdraw having made the accusation before the trial judge, 2) Is the application of estoppel by the prosecutor at trial a withdrawal of the indictment? 3) Is it feasible to apply the preclusion of research (understanding in this gure a withdrawal of charges) to the trial judge? 4) Do they operate all the grounds for preclusion of research on trial?